How to get back child supprot for a child who is now over 18 years old?

UPDATED: Sep 13, 2011

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How to get back child supprot for a child who is now over 18 years old?

I have a question about child support owed on my adult daughter. Her father owes over $40,000 in back child support. He also has a second divorce and 2 other children who are receiving child support ($700 a month for 1 child; 1 graduated, and is not behind on that 1). He said last night that he does not owe child support on my daughter (the back) because she is over 18 now and if he received a withholding that he would sue the TX Attorney General’s office and take me to court. Is that even possible when he owes so much back child support?

Asked on September 13, 2011 under Family Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is my undertsanding that prior to 2005 Texas had no statue of limitations on collecting back child support.  But that changed and now Section 157.005 provides that a court retains jurisdiction to confirm arrearages and render judgment for past-due child support up through 10 years after the date on which the child becomes an adult or the court-ordered child support obligation terminates. I get the feeling that your daughter is not much past 18 so I would run down to the courts or contact the state attorney general's office and get your  self a judgement worth collecting even against his estate (get the judgement for the arrears).  Good luck to you.

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